Duke Law & Technology Review

By: Dov Greenbaum The ambiguity of the present copyright laws governing the protection of databases creates a situation where database owners, unsure of how IP laws safeguard their information, overprotect their data with oppressive licenses and technological mechanisms (condoned by the DMCA) that impede interoperation. Databases are fundamental to scientific research, yet the lack of interoperability between databases and limited access inhibits this research. The US Congress, spurred by the European Database Directive, and heavily lobbied by the commercial database industry, is presently considering ways to legislate database protections; most of the present suggestions for legislation will be detrimental to scientific progress. The author agrees that new legislation is necessary, but not to provide extra-copyright protections, as database owners would like, but to create an environment wherein data is easily accessible to academic research and interoperability is encouraged; yet simultaneously providing database owners with incentives to produce new databases. One possibility would be to introduce standardized compulsory licensing of databases to academics following an embargo period where databases could be sold at free-market prices (to recoup costs). Databases would be given some sort of intellectual property protection both during and after this embargo in return for a limiting of technical

By: David L. Lange As most of the public now know, the recording industry has lately filed civil suits alleging copyright infringement against hundreds of individual defendants across the country, many (I think most) of them college students and campus hangers-on. Hundreds more such suits are said to be in the offing. The nature of the infringements? Peer-to-peer file sharing via the Internet: a kind of piracy, to use the term favored by the industry, or downloading, as it is generally thought of by the students themselves – but from either perspective, the practice of recording music from the Net while making it available in turn to others, using any of a growing number of computer programs designed to make the practice work. Download Full Article (PDF) Cite: 2003 Duke L. & Tech. Rev. 0021

By: Shalisha Francis In regards to copyright the U.S. Constitution states: “Congress shall have the power . . . to promote the Progress of Science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” The intellectual property clause was added to the Constitution because of the recognition of the importance of balancing both an author’s interest in protecting their creative works with the public interest in maintaining a method by which those same works could enter the public domain. However, the ability to properly perform this balancing act has proven more difficult than anyone could have expected. A recent Supreme Court case has tipped the scales and given artists and creators their just due. Download Full Article (PDF) Cite: 2003 Duke L. & Tech. Rev. 0014